Law professors weigh in on Matthews

NORRISTOWN — Montgomery County Commissioner James Matthews’ decision to continue serving as a commissioner for more than 25 days past the date he was indicted for allegedly committing perjury and false swearing defied the conventional wisdom that an indicted person would be distracted from concentrating on the business of governance as he prepared his legal defense, two law school professors said.

Edward Ohlbaum, a professor of law at the Temple University School of Law, said that while there was no ethical code requiring an elected official to resign after being indicted, it would be difficult to continue in office.

“How can you concentrate on your job? It is taking your time and energy,” Ohlbaum said. “Public officials serve at the pleasure of your constituency. What kind of trust can the public have in his ability to do his job? And do it in a trustworthy and honest manner?”

“Over time you see people who are charged who try to hold onto their positions. They try until they see politically that they cannot make it,” said Daniel Filler, the Senior Associate Dean of the Earle Mack School of Law at Drexel University.

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Filler, a former criminal defense lawyer who has been a professor of law for 13 years, said Matthews could expect “a lot of scrutiny” as final annual decisions are made on county business.

“I think he knows he has to be very careful. This is a time where you have to be really careful that nothing retaliatory takes place,” Filler said. “Politically other members of the commission may not want to affiliate themselves with him.”

Both professors viewed the use of the grand jury to investigate and file charges against Matthews as a way of distancing Montgomery County District Attorney Risa Vetri Ferman from the case.

“DA’s use them strategically when they want to insulate themselves from criticism of an investigation. Impaneling a grand jury keeps the investigation at arm’s length,” Filler said. “This insulates an elected political official. No one wants to be claimed to be driven by politics.”

“A grand jury proceeding is held in secret. There are no defense lawyers allowed to examine witnesses,” said Ohlbaum, a Montgomery County resident for 21 years. “In the political context, a prosecutor is much freer from the accusation of bias because a group of citizens have voted to pass a bill of indictment.”

“The weight of a grand jury indictment,” Ohlbaum concluded, “has more heft than a judge agreeing to an indictment.”